CHAPTER 87.

An Act to create and organize the County of Santa Fe.

Section 1. Be it enacted by the Legislature of the State of Texas, That all that territory included in the following boundaries, to wit: Beginning at the junction of the Rio Puerco with the Rio Grande, and running up the principal stream of the said Rio Grande to its source, and thence due North, to the forty second degree of North latitude; thence along the boundary line as defined in the treaty between the United States and Spain, to the point where the hundredth degree of longitude west of Greenwich intersects Red River; thence up the principal stream of said Red River to its source; thence in a direct line to the source of the principal stream of the Rio Puerco, and down the said Rio Puerco to the place of beginning, is hereby created into a new county to be called the county of Santa Fe.

Sec. 2. Be it further enacted, That the town of Santa Fe, shall be the County Seat of the County of Santa Fe.

Sec. 3. Be it further enacted, That the citizens of the county of Santa Fe, are hereby entitled to the same officers and Courts, to which the other Counties of this State are entitled; Provided, that nothing in this act shall be so construed, as to give said county of Santa Fe, a separate Land District, or to authorize the county Court of said county to issue land certificates.

Sec. 4. Be it further enacted, That the District Judge of the eleventh Judicial District of the State of Texas, shall designate the places at which elections shall be held for county officers, on the first Monday in August next, or at such other time as he may think proper, and shall give thirty days notice of the same, and appoint the presiding officers to hold the elections and make returns to him, and he shall examine the returns and declare those receiving the highest number of votes, for the respective offices duly elected, and make return thereof to the Secretary of State. Sec. 5. Be it further enacted, That this act take effect from its passage.

Approved, March 15, 1848.

CHAPTER 88.

An Act to establish the eleventh Judicial District of the State of Texas.

Section 1. Be it enacted by the Legislature of the State of Texas, That the county of Santa Fe, shall constitute the eleventh Judicial District of the State of Texas.

Sec. 2. Be it further enacted, That the District Court shall hold its sessions, at the town of Santa Fe, in the county of Santa Fe, on the first Mondays in May and November of each year, and may sit until the business is disposed of.

Sec. 3. Be it further enacted, That this act take effect from its passage.

Approved, March 15, 1848.

CHAPTER 89.

An Act to continue in force an act for the relief of those who have purchased lots in the City of Austin and tract adjoining.

Be it enacted by the Legislature of the State of Texas, That an act for the relief of those persons who have purchased lots in the City of Austin, and out lots upon the tract adjoining, passed the 4th day of May, 1846, be and the same is hereby continued in force, until the first day of July next, and all lots that are not paid for in the manner provided in the above recited act, on or before the said first day of July next, shall be forfeited to the State; and it shall be the duty of the Comptroller of Public Accounts, forthwith to advertise by publication, in some newspaper, printed in the City of Austin, all such forfeited and relinquished lots, and after sixty days notice of the time and place of sale, shall, at the Treasury Department in the City of Austin, proceed to sell to the highest bidder for cash, all such forfeited and relinquished lots and pay the proceeds thereof into the State Treasury. Approved, March 15, 1848.

CHAPTER 90.

An Act to amend an act entitled "an act for the relief of Master Builders and Mechanics of Texas," approved January 23rd, 1839.

Section 1. Be it enacted by the Legislature of the State of Texas, That the second section of the above recited act be so amended as to read as follows, to wit: That every contract made and entered into as aforesaid shall be recorded in the County Clerk's office of the county where such building shall have been erected, within thirty days after the contract is made, or otherwise said lien shall be inoperative as to all persons without notice of its exis

tence.

Approved, March 15, 1848.

CHAPTER 91.

An Act to amend the forty third section of an act punishing crimes and misdemeanors, approved December 21st, 1836.

Section 1. Be it enacted by the Legislature of the State of Texas, That the forty third section of the above entitled act be, and the same is hereby amended, so as to read as follows, to wit: Every person indicted for a capital offence, shall have a copy of the indictment delivered to him at least one day before his trial shall have commenced; and the Court shall at any time during the term, upon application of the District Attorney, order a venire facias returnable forthwith; by virtue of which the Sheriff shall summon thirty six persons to serve as Jurors in any such capital case; a list of whom shall also be furnished to the defendant, at least one day before the trial is commenced, and every person who shall be accused or indicted, shall be allowed to make his full defence in person or by counsel; and the Court, before whom such person is to be tried. shall, at his request, assign counsel, not exceeding two, who shall have free access to the accused at all proper times; and every person so indicted shall have like process to compel the atten

dance of witnesses, as is granted to compel the attendance of witnesses on the part of the State.

Sec. 2. Be it further enacted, This act shall take effect from and after its passage.

Approved, March 15, 1848.

CHAPTER 92.

An Act authorizing and requiring the County Courts to regulate roads, appoint overseers, &c.

Section 1. Be it enacted by the Legislature of the State of Texas, That the County Courts of the several counties of this State shall have full power to order the laying out of public roads when necessary and to discontinue or alter any road whenever it shall be deemed expedient, and it shall be their further duty to classify all roads running through their several counties, those of the first class shall be clear of all trees at least thirty feet wide, stumps cut down to six inches of the surface, all causeways laid out at least fifteen feet wide; and those of the second class shall not be less than twenty feet wide, clear of all trees, all stumps cut to six inches of the surface, and all causeways laid out at least twelve feet wide.

Sec. 2. That whenever it shall be deemed necessary to lay out any new road, the County Court shall appoint five reviewers, householders of the county, a majority of whom may, and can act, who shall proceed to re-view and mark out said road to the greatest advantage of the inhabitants and as little as may be to the prejudice of enclosures, and report to the Court at its next session, and on the report of the reviewers, the Court shall order the overseer to have said road cut out and made passable as provided for in the first section of this act.

Sec. 3. That the County Courts of the counties shall lay off their counties into road precincts, and shall at their first meeting in each and every year appoint one overseer for each precinct, and shall at the same time apportion and designate all the hands liable to work on public roads, and under the different overseers in their county, but if from any cause the Court

should fail or neglect to perform the duties required in this section. at its first meeting in the year, it shall be competent and legal for it to make such apportionment and designation at a called meeting, or its next regular session.

Sec. 4. That it shall be the duty of the Clerk of the county Court to make out within ten days after the adjournment of the Court, the names of the overseers, and all the hands liable to work under them, and accompanying said list, a copy of the boundaries of the precinct as laid off by the Court, and deliver it to the Sheriff of his county, and the Sheriff shall within twenty days after the reception of the same deliver to, or leave at the common residence of the overseer a copy of the same, and on the Clerk or Sheriff failing to perform the duties herein required, each shall forfeit and pay for every such failure, the sum of twenty five dollars, which fines shall be recovered by judgment, on motion of the District Attorney of the District Court of the county in which the defaulter may reside, the said defaulter having three days notice of the said motion.

Sec. 5. That if any overseer shall fail or refuse to serve after receiving due notice of his appointment, he shall for such refusal be fined twenty dollars, to be recovered as provided for in the fourth section of this act; Provided that all reasonable excuses shall be heard and allowed; and no overseer of roads shall be required to perform militia duty or serve on juries during the time he serves

as such.

Sec. 6. That the overseers of the road shall have power to call out all persons liable to work on public roads at any time when it may appear necessary to work or repair his road or any part thereof in his precinct: Provided that no one person shall be compelled to work on more roads than one, nor more than ten days in one year: and further, provided that each overseer shall with his hands work the road in his precinct clear through at least twice in every year during the months of May and September.

Sec. 7. That it shall be the duty of the overseer of any road to give two days previous notice by summons in person or in writing, left at their respective places of abode, to all free male persons, as well as to the owners, overseers, or employers of slaves liable to work on roads in his precinct, to meet at such time and place as he shall designate, and bring with them such tools to work with on the roads as he shall direct; and if any free person so summoned shall fail to attend or send